{"operation":"document","citation":"07-0130","title":"Dangerous Goods Advisory Council — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-07-09","effective_on":null,"summary":"07-0130 response to Dangerous Goods Advisory Council concerning 173.306, 173.307.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0130.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0130.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-07-0130","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2007/070130.pdf","body":"<<<PAGE 1>>>\n\nof Transportation\nU.S. Department\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nPipeline and Hazardous\nMaterials Safety Administration\nJUL\n9 2007\nMr. Frits Wybenga\nTechnical Director\nRef. No.: 07-0130\nDangerous Goods Advisory Council\n1100 H Street, N.W., Suite 740\nWashington, DC 20005\nDear Mr. Wybenga:\nrequirements appearing in § 173.306 of the Hazardous Materials Regulations (HMR; 49\nThis is in response to our June 1927, 2007 conversation regarding the regulatory\nCFR Parts 171-180).\nAs explained in the language following § 173.306 in the Government Printing Office's\nJanuary 23, 2006 final rule, the consumer commodity and the less than 50 ml aerosol\nelectronic version of the CFR, an oversight occurred in the paragraph designations. In the\nprovisions in paragraphs (h) and (i) respectively were redesignated as paragraphs (i) and (j\nand the lighter refill provisions were added in new paragraph (h). In the December 29,\n(i) instead of paragraph (i), and a new paragraph (k) was added referencing the\n2006 final rule, the less than 50 ml aerosol provisions were revised, but made to paragraph\nrequirements in § 173.307. Both final rules had a January 1, 2007 effective date. We will\nissue a final rule to correct the wording in § 173.306 as soon as possible.\nParagraphs (i), (j) and (k) should read as follows:\n(a)(3), or (b) of this section and is a \"consumer commodity\" as defined in\n(i) A limited quantity which conforms to the provisions of paragraph (a)(1),\n§ 171.8 of this subchapter, may be renamed \"consumer commodity\" and\nreclassed as ORM-D material. Each package may not exceed 30 kg (66\npounds) gross weight. In addition to the exceptions provided by paragraphs (a)\nand (b) of this section—\nCONTAINERS COMPLY WITH PRESCRIBED REGULATIONS\":\n(1) Outside packagings are not required to be marked \"INSIDE\n(2) Shipments of ORM-D materials are not subject to the shipping paper\n(3) Shipments of ORM-D materials are eligible for the exceptions provided\nin $ 173.156.\n173•306(h)\n070130\n173.307\n\n<<<PAGE 2>>>\n\n(i) Aerosols and receptacles small, containing gas with a capacity of less\nhan 50 ml. Aerosols, as defined in § 171.8 of this subchapter, and receptacle\nmall, containing gas, with a capacity not exceeding 50 ml (1.7 oz.) and with\npressure not exceeding 970 kPa (141 psig) at 55 °C (131 °F), containing no\nrequirements of this subchapter. The pressure limit may be increased to 2000\nhazardous materials other than a Division 2.2 gas, are not subject to the\nkPa (290 psig) at 55 °C (131 °F) provided the aerosols are transported in outer\npackages that conform to the packaging requirements of Subpart B of this part.\nThis paragraph (i) does not apply to a self-defense spray (e.g., pepper spray).\n(k) For additional exceptions, also see § 173.307.\n\"overpack.\" Paragraph (i) provides an exception from the \"INSIDE CONTAINERS\nAlso, note the outside packaging is the outer of a combination packaging, not an\nCOMPLY WITH PRESCRIBED REGULATIONS\" marking.\nI hope this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerely\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials, Standards\n\n<<<PAGE 3>>>\n\nMitchell\nPage 1 of 1\n3173:306 (h)\nCytinders\nDrakeford, Carolyn <PHMSA>\n07-0130\nFrom:\nMitchell, Hattie <PHMSA>\nSent:\nThursday, June 28, 2007 5:26 PM\nTo:\nDrakeford, Carolyn <PHMSA>\nSubject: FW: 173.306(h)\nSent: Tuesday, June 19, 2007 4:31 PM\nFrom: Frits Wybenga [mailto: fwybenga@dgac.org]\nTo: Mitchell, Hattie <PHMSA>\nSubject: 173.306(h)\nHi Hattie - I don't know if anybody has noted this to you but there may be a problem (possibly created by those\noublishing the HMR). The old 173.306(h) allowed compressed gas according to (a)(1) etc to go as ORM-D. I\naccessed from the website does not have the provision even though (a)(3) references provisions for ORM-D in\nhave now looked at three different versions of the HMR and all three are different. The electronic version\nbeginning followed by \"lighter\" specific text. A GSI version shows it renumbered as 173.306(i). Who is right?\n173.306(i). The Oct 2006 Labelmaster version shows two different 173.306(h) paras - the old one and the old\nGSI appears to be but ...\nHope all is well - Frits\nFrits Wybenga\nTechnical Director\nDangerous Goods Advisory Council\nfwybenga@dgac.org\n202-289-4550\n6/28/2007","truncated":false,"body_characters":4369}